IN THE CASE OF:	  

		BOARD DATE:	  	  9 December 2008

		DOCKET NUMBER:  AR20080015853 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, removal of the duplicate promotion orders that are filed in his Official Military Personnel File (OMPF).

2.  The applicant states, in effect, his promotion points were incorrectly recorded on the Headquarters, Department of the Army (HQDA), Promotion List when he made the cut-off score for promotion to the grade of staff sergeant (SSG)/pay grade E-6 in December 2007.  As a result, his promotion orders had to be published locally.  Consequently, his name remained on the HQDA Promotion List and promotion orders were generated for the next month and also added to his OMPF.

3.  The applicant provides a copy of Headquarters, 478th Personnel Services Detachment, Bagram, Afghanistan, Orders 07-331-07, dated 24 November 2007 and Headquarters, 1st Medical Brigade, 13th Corps Support Command, Fort Hood, Texas, Order 362-02, dated 28 December 2007.

CONSIDERATION OF EVIDENCE:

1.  The applicant’s military service records show he enlisted in the U.S. Army Reserve on 31 August 1999 and entered active duty in the Regular Army (RA) on 22 September 1999.  Upon completion of basic combat training and advanced individual training, he was awarded military occupational specialty (MOS) 68A (Medical Equipment Repairer).  The applicant was promoted to the grade of sergeant (SGT)/pay grade E-5 on 1 May 2007.  On 28 November 2007, he reenlisted in the RA for a period of 3 years.
2.  The HQDA, Enlisted Distribution and Assignment System shows the applicant was promoted to the grade of SSG with a date of rank (DOR) of 1 December 2007.

3.  A review of the applicant's OMPF revealed that a copy of Headquarters, 1st Medical Brigade, 13th Corps Support Command, Order 362-02, dated 28 December 2007, is filed in the service section of his OMPF.  This order shows that the applicant was promoted from SGT to SSG in primary MOS 68A3O00YY effective and with a DOR of 1 January 2008.  This order also shows the authority for this promotion was Army Regulation 600-8-19, paragraph 3-34, and 
AHRC-MSP-E memorandum, dated 20 December 2007, subject:  DA Promotion Point Cut-Off Scores for 1 January 2008 and Junior Enlisted Issues.

4.  The review of the applicant’s OMPF failed to show any other orders promoting the applicant from SGT to SSG.  In addition, there are no orders showing that Headquarters, 1st Medical Brigade, 13th Corps Support Command, Order
362-02, dated 28 December 2007, was revoked.

5.  In support of his application, the applicant provides the following documents.

   a.  Headquarters, 478th Personnel Services Detachment, Bagram, Afghanistan, Orders 07-331-07, dated 24 November 2007.  This order shows that the applicant was promoted from SGT to SSG, in primary MOS 68A3O00YY, effective and with a DOR of 1 December 2007.  This order also shows the authority for this promotion was Army Regulation 600-8-19 and U.S. Army Human Resources Command, memorandum, dated 14 November 2007, subject:  DA Promotion Point Cut-Off Scores for 1 December 2007.

   b.  Headquarters, 1st Medical Brigade, 13th Corps Support Command, Order 362-02, dated 28 December 2007.  This order shows that the applicant was promoted from SGT to SSG in primary MOS 68A3O00YY effective and with a DOR of 1 January 2008.  This order also shows the authority for this promotion was Army Regulation 600-8-19, paragraph 3-34, and AHRC-MSP-E memorandum, dated 20 December 2007, subject:  DA Promotion Point Cut-Off Scores for 1 January 2008 and Junior Enlisted Issues.  (This order is filed in the service section of the applicant’s OMPF.)

6.  In connection with the processing of this case, coordination was made with the Defense Finance and Accounting Service (DFAS), Military Pay Operations, DFAS-Indianapolis Center, Indianapolis, Indiana.  This coordination confirmed that the pay effective date of the applicant’s promotion to the grade of SSG was 1 December 2007.

7.  Army Regulation 600-8-104 (Military Personnel Information Management/ Records) provides policies, operating tasks, and steps governing the OMPF.  This document states that only those documents listed in Table 2-1 and 
Table 2-2 are authorized for filing in the OMPF.  Depending on the purpose, documents will be filed in the OMPF in one of three sections:  performance, service, or restricted.  Once placed in the OMPF, the document becomes a permanent part of that file.  When discovered by the custodian or requested by the Soldier concerned, transfer documents mistakenly filed in the performance or service section to the restricted section of the OMPF.  Table 2-1 (Composition of the OMPF) of Army Regulation 600-8-104 shows that promotion orders are filed in the service section of the OMPF.

8.  Paragraph 2-3 (Composition of the OMPF) of Army Regulation 600-8-104 provides, in pertinent part, that the restricted section of the OMPF is used for historical data that may normally be improper for viewing by selection boards or career managers.  The release of information in this section is controlled.  It may not be released without written approval from the Commander, U.S. Army Human Resources Command (for enlisted Soldiers, formerly designated as Headquarters, U.S. Army Enlisted Records and Evaluation Center) or the HQDA selection board proponent.  This paragraph also provides that documents in the restricted section of the OMPF are those that must be permanently kept to maintain an unbroken, historical record of a Soldier's service, conduct, duty performance, and evaluation periods; show corrections to other parts of the OMPF; record investigation reports and appellate actions; and protect the interests of the Soldier and the Army.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that the promotion orders with an effective date of 1 January 2008 that are filed in his OMPF should be removed because they were erroneously published after he had already been promoted to the grade of SSG effective 1 December 2007.

2.  The evidence of record confirms that the applicant was promoted from SGT to SSG effective and with a DOR of 1 December 2007.  However, a review of the applicant’s OMPF revealed that the orders that promoted the applicant to SSG with an effective date of 1 December 2007 are not filed in the applicant’s OMPF.  Therefore, a copy of Headquarters, 478th Personnel Services Detachment, Orders 07-331-07, dated 24 November 2007, should be filed in the service section of the applicant’s OMPF.


3.  A review of the applicant’s OMPF revealed that orders that promoted the applicant to SSG effective and with a DOR of 1 January 2008 are filed in the service section of the applicant’s OMPF.  The evidence of record shows these orders were erroneously published as the applicant was promoted to SSG effective and with a DOR of 1 December 2007.  Therefore, Headquarters, 1st Medical Brigade, 13th Corps Support Command, Order 362-02, dated 28 December 2007, should be revoked and transferred to the restricted section of the applicant’s OMPF in order to maintain an unbroken, historical record of corrections made to the applicant’s OMPF and to protect the interests of both the Soldier and the Army.

4.  As a result of the above corrections, the applicant’s OMPF will accurately show the circumstances and events pertaining to the applicant’s promotion to SSG.  By regulation, once placed in the OMPF, the document becomes a permanent part of that file.  When discovered by the custodian or requested by the Soldier concerned, documents mistakenly filed in the performance or service section will be transferred to the restricted section of the OMPF.  In order to remove the document in question from the OMPF, there must be clear and convincing evidence showing that the document is untrue or unjust.  In that regard, insufficient evidence has been provided in this case.  Therefore, the document in question should not be removed from the applicant’s OMPF.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X____  ____X____  ____X____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  filing a copy of Headquarters, 478th Personnel Services Detachment, 
Orders 07-331-07, dated 24 November 2007, in the service section of the applicant’s OMPF;

     b.  issuing orders that revoke Headquarters, 1st Medical Brigade, 13th Corps Support Command, Order 362-02, dated 28 December 2007;

     c.  filing a copy of the orders that revoke Headquarters, 1st Medical Brigade, 13th Corps Support Command, Order 362-02, dated 28 December 2007, in the restricted section of the applicant's OMPF; and

     d.  transferring Headquarters, 1st Medical Brigade, 13th Corps Support Command, Order 362-02, dated 28 December 2007, to the restricted section of the applicant’s OMPF.

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to removing the promotion orders from the applicant’s OMPF.




      ___________X______________
       	     CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20080015853



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ABCMR Record of Proceedings (cont)                                         AR20080015853



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